People v. Vilayngeun CA1/3

background is unnecessary. The full factual background can be found in the prior nonpublished opinion.

2 Penal Code. The trial court concluded Vilayngeun had stated a prima facie case for relief and issued an order to show cause. At the subsequent evidentiary hearing, the court considered the record of conviction. It also considered witness testimony from the trial transcript, noting that neither party contested the transcript’s admissibility. The court denied the petition, finding the prosecution carried its burden of demonstrating Vilayngeun was ineligible for resentencing. Specifically, the court explained “the testimony implicating [Vilayngeun], and that which identified him at the scene, combined with the overwhelming weight of other reliable circumstantial evidence including that [Vilayngeun’s] DNA [was] found on a bullet casing at the scene, was sufficient to prove [Vilayngeun’s] identity as the perpetrator of the crime.” The court thus concluded the prosecution had proven, beyond a reasonable doubt, that Vilayngeun was the actual killer and guilty of felony murder under California law as amended. Vilayngeun appealed.

DISCUSSION

Vilayngeun asserts his counsel provided…